Dworkin's Theory Of Law Analysis

Dworkin formulated and advocated an updated version of the liberal legal theory which represented the recognition of the priority of the individual, the freedom, and self-assurance. From this perspective, Dworkin sharply criticized the liberal theory of law that prevailed in the Anglo-American common law. Dworkin emphasizes the leading liberal idea of individual rights and offers his vision of the general theory of law that should be both normative and conceptual. Hart, on the contrary, criticizes the classical positivist definition of law as the sovereign order. Firstly, he claims that there is a small proportion of orders in the today’s law. Secondly, there is no absolute power of the sovereign in the modern societies. The law regulates the activities of each branch, and it would be absurd to suggest restriction of the subject with the own orders.
Dworkin has entered into polemics with Hart, who believed that there are rules beyond which a judge cannot get out. Dworkin responded to criticism of Hart, indicating that Hart represents some of the rules as principles of law (Dworkin 22). Therefore, there are also some principles apart from

Therefore, this concept has become the primary target of Dworkin’s criticism, because it exaggerated the role of norms and did not take into account the other legal phenomena. To be more accurate, these are the principles, strategies, and the different kind of standards. This strategy has a definition as a standard that aimed at achieving a social goal, and the principle expresses the moral demands. Dworkin took the examples from the practice of the court cases in which the judge justified the decisions by the prevailing opinions. While examining the nature of these principles, Dworkin argues that they do not belong to the category of the legal